Bill on Phil Accession to Internet Treaties

8/8/2019 Bill on Phil Accession to Internet Treaties

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Republic of the PhilippinesHOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESSFirst Regular Session

H. B. No. 267

Introduced by HONORABLE JUAN EDGARDO SONNY M. ANGARA______________________________________________________________________

EXPLANATORY NOTE

Since 1980, the Philippines has been a member of the World Intellectual PropertyOrganization (WIPO) which seeks to promote the protection of intellectual property throughoutthe world through cooperation among States.

Likewise, the Philippines is a signatory to other international treaties and conventions onintellectual property rights, to wit: 1) Convention Establishing the World Intellectual PropertyOrganization [since 19801; 2) Paris Convention for the Protection of Industrial Property (since1965]; 3) Budapest Treaty on the International Recognition of the Deposit of Microorganisms forPurposes of Patent Procedure [since 1981]; 4) Berne Convention for the Protection of Literaryand Artistic [since 1951]; 5) International Convention for the Protection of Performers, Producersof Phonographs and Broadcasting Organizations [since 1984]; and 6) Agreement on Trade-Related Aspects of Intellectual Property Rights [since 1996].

Year 1998, in adherence to these international treaties for a universal or globalprotection of intellectual property and in keeping with the Constitutional mandate enshrined in

Article XII, Section 13, which enjoins the State to protect and secure the exclusive rights ofscientists, inventors, artists, and other gifted citizens to their intellectual property and creation,Congress passed Republic Act 8293 or the Intellectual Property Code (IPC) of the Philippines.

Four years after, or on 4 October 2002, the Philippines ratified two (2) additional treaties,the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).

These treaties, commonly referred to as the Internet Treaties, were intended to modernize andsupplement the existing international treaties (Berne Convention and the Rome Convention) oncopyright. The treaties respond to critical issues formed by the introduction of digitaltechnologies, especially in the area ofdissemination of protected material over the internet.

While our IPC was shaped with a consummate vision at the time of its enactment, itsprovisions have not kept pace with the advances made in the area of intellectual property rightsinfringement in E-Commerce. Thus, with the Philippines ratification of the WCT and WPPT,there is a need for amendments to the IPC to contain the additional obligations imposed by theprovisions in said treaties. More particularly, our laws must address two new issues: 1) thetechnological measures provisions (Article 11 of the WCT and Article 18 of the WPPT); and 2)

the rights management information provisions (Article 12 of the WCT and WPPT) of the InternetTreaties.

This bill therefore seeks to amend the Code through the integration of comprehensiveand efficient strategies to respond to the upsurge of internet piracy. Also, it seeks to giverecognition to the rights of performers, phonogram producers and broadcasters as are accordedauthors of artistic and literally works, by acknowledging their right to control or be compensatedfor the various ways in which their works are used or enjoyed by others. This measure also


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seeks to recognize rights to distribution and rental, and rights to receive payments for certainforms of broadcasting or communication to the public.

Indeed, through these amendments, Philippines is doing its share in providingsafeguards to insure that rights-holders can effectively use technology to protect their own rightsand to license their own works online. More stringent penalties are likewise recommended for

rights-violators, while immediate judicial relief and alternative options are proposed to beaccorded actual and potential victims of infringement who would sustain incalculable losses forevery minute that their works are used or exploited in the internet by infringers.

To sum, the overriding goal of this proposal is to provide an Internet environment whereit is safe to distribute and license protected material. Because in an increasingly global arena,nothing less than a global effort will ensure the effective protection and development ofintellectual property.

For this, I urge my esteemed colleagues in the Chamber to support the immediatepassage of the bill.

JUAN EDGARDO SONNY M. ANGARARepresentativeLone District, Province of Aurora


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FIFTEENTH CONGRESS OF THE )REPUBLIC OF THE PHILIPPINES )First Regular Session )

H. B. No. 267

Introduced by Honorable JUAN EDGARDO SONNY M. ANGARA______________________________________________________________________

AN ACTAMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, OTHERWISE KNOWN

AS THE THE INTELLECTUAL PROPERTY CODEOF THE PHILIPPINES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled:

SECTION 1. Section 171 of R.A. 8293 is hereby amended to read as follows:

SEC. 171. Definitions. - For the purpose of this Act, the following terms have the

following meaning:

x x x

171.3Communication to the public or communicate to the pub1icis the making

of a work available to the public by wire or wireless means in such a way that

members of the public may access the works from a place and at a time

individually chosen by them, AND SHALL INCLUDE ANY COMMUNICATION TO

THE PUBLIC, THROUGH BROADCASTING, REBROADCASTING,

RETRANSMITTING BY CABLE, BROADCASTING AND RETRANSMITTING BY

SATELLITE.

x x x

171.9 Reproduction is the making of one (1) or more copies, TEMPORARY OR

PERMANENT, IN WHOLE OR IN PART, of a work or sound recording in any

manner or form.

x x x

171.12 EFFECTIVE TECHNOLOGICAL MEASURE MEANS ANY TECHNOLOGY,

DEVICE OR COMPONENT THAT, IN THE NORMAL COURSE OF ITS

OPERATION, CONTROLS ACCESS TO A PROTECTED WORK, SOUND

RECORDING, OR OTHER SUBJECT MATTER, OR PROTECTS ANY

COPYRIGHT OR ANY RIGHTS RELATED TO COPYRIGHT AS PROVIDED BY

THIS ACT.

171.13 RIGHTS MANAGEMENT INFORMATION MEANS INFORMATION WHICH

IDENTIFIES THE WORK, SOUND RECORDING OR PERFORMANCE; THE

AUTHOR OF THE WORK, PRODUCER OF THE SOUND RECORDING OR

PERFORMER OF THE PERFORMANCE; THE OWNER OF ANY RIGHT IN


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THE WORK, SOUND RECORDING OR PERFORMANCE; OR INFORMATION

ABOUT THE TERMS AND CONDITIONS OF THE USE OF THE WORK,

SOUND RECORDING OR PERFORMANCE; AND ANY NUMBERS OR CODES

THAT REPRESENT SUCH INFORMATION, WHEN ANY OF THESE ITEMS IS

ATTACHED TO A COPY OF THE WORK, SOUND RECORDING OR FIXATION

OF PERFORMANCE OR APPEARS IN CONNECTION WITH THE

COMMUNICATION TO THE PUBLIC OF A WORK, SOUND RECORDING OR

PERFORMANCE. NOTHING IN THIS ACT REQUIRES THE OWNER OF ANY

RIGHT IN THE WORK, SOUND RECORDING, OR PERFORMANCE TO

ATTACH RIGHTS MANAGEMENT INFORMATION TO COPIES OF IT OR TO

CAUSE RIGHTS MANAGEMENT INFORMATION TO APPEAR IN

CONNECTION WITH A COMMUNICATION OF THE WORK, SOUND

RECORDING OR PERFORMANCE TO THE PUBLIC.

SEC. 2.Section 177.3 is hereby amended to read as follows:

SEC. 177. Copyright orEconomicRights. - Subject to the provisions of Chapter

VIII, copyright or economic rights shall consist of the exclusive right to carry out,

authorize or prevent the following acts:

x x x

177.3 THE IMPORTATION INTO THE PHILIPPINES, AND the first public distribution

within the Philippines, of the original and each copy of the work, by sale or other

forms of transfer of ownership.

SEC. 3. Section 178.5 is hereby amended by striking exhibition and inserting

exploitation and to read as follows:

SEC. 178. Rules on Copyright Ownership. Copyright ownership shall be

governed by the following rules:

x x x

178.5 In the case of audiovisual work, the copyright shall belong to the producer, the

author of the scenario, the composer of the music, the film director, and the

author of the work so adapted. However, subject to contrary or other stipulations

among the creators, the producer shall exercise the copyright to an extent

required for the [exhibition] EXPLOITATION of the work in any manner, except

for the right to collect performing license fees for the performance of musical

compositions, with or without words, which are incorporated into the work.

SEC.4. Section 180 is hereby amended by inserting the following new paragraph to be

known as 180.4 to read as follows:


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SEC. 180. Rights of Assignee. - 180.1. The copyright may be assigned in

whole or in part. Within the scope of the assignment, the assignee is entitled to all the

rights and remedies which the assignor had with respect to the copyright.

x x x

180.4 ANY EXCLUSIVE) RIGHT IN A WORK MAY BE EXCLUSIVELY LICENSED.

WITHIN THE SCOPE OF THE EXCLUSIVE LICENSE, THE LICENSEE IS

ENTITLED TO ALL THE RIGHTS AND REMEDIES WHICH THE LICENSOR

HAD WITH RESPECT TO THE COPYRIGHT.

SEC. 5. Section 183 is hereby amended to read as follows:

SEC. 183. Designation of Society. - The copyright owners or their heirs may

designate a society of artists, writers, or composers, OR A SIMILAR AGENT, to enforce

their economic rights or moral rights on their behalf.

SEC. 6. Section 184, sub-sections (i) and (k) is hereby amended to read as follows:

SEC. 184. Limitations on Copyright. - 184.1. Notwithstanding the provisions

of Chapter V, the following acts shall not constitute infringement of copyright:

x x x

(i) The public performance or the communication to the public of a work, in a

place where no admission fee is charged DIRECTLY OR INDIRECTLY in

respect of such public performance or communication, by a club or

institution for charitable or educational purpose only, whose aim is not

profit making; WHERE NO COMPENSATION OR FEE IS PAID TO ANY

PERFORMER, PROMOTER, OR ORGANIZER OF THE PUBLIC

PERFORMANCE OR COMMUNI-CATION AND subject to such other

limitations as may be provided in the Regulations.

x x x

(k) Any use made of a work for the purpose of any judicial proceedings or for

the giving of professional advice by a legal practitioner WITH RESPECT

TO SUCH A WORK, ITS CREATION OR EXPLOITATION.

SEC. 7. Section 185.1 is hereby amended to read as follows:

SEC. 185. Fair Use of a Copyrighted Work. - 185.1 The fair use of a

copyrighted work for criticism, comment, news reporting, teaching including multiplecopies for classroom use, scholarship, research, and similar purposes is not an

infringement of copyright, Decompilation, which is understood here to be the

reproduction of' the code and translation of the forms of [the] A computer program to

achieve the inter-operability of an independently created computer program with other

programs may also constitute fair use UNDER THE CRITERIA ESTABLISHED BY THIS


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SECTION, TO THE EXTENT THAT SUCH DECOMPILATION IS INDISPENSABLE IN

ORDER TO OBTAIN THE INFORMATION NECESSARY TO ACHIEVE SUCH INTER-

OPERABILITY. In determining whether the use made of a work in any particular case is

fair use, the factors to be considered shall include:


SEC. 188. Reprographic Reproduction by Libraries. - 188.1 Notwithstanding

the provisions of Subsection 177.6, any library or archive whose activities are not for

profit may, without the authorization of the author of copyright owner, make a single copy

of the work by reprographic reproduction:

x x x

188.2 Notwithstanding the above provisions, it shall not be permissible to produce

a volume of work published in several volumes or to produce missing tomes

or pages of magazines or similar works, unless the volume, tome or part is

out of stock: Provided,That every library which, UNDER SECTION 191, is

entitled to receive copies of a printed work, shall be entitled, when special

reasons so require, to reproduce a SINGLE REPROGRAPHIC copy of a

published work which is considered necessary for the collection of the library

but which is out of stock AND NOT REASONABLY AVAILABLE TO IT

THROUGH COMMERCIAL CHANNELS.

SEC. 9. Section 190, Subsection 190.1 is hereby amended by striking Subsection 177.6

and in lieu thereof, substituting Subsection 177.3, and by striking Subsection 185.2 and in

lieu thereof, substituting Subsection 184.2, to read as follows:

190.1. Importation for Personal Purposes - Notwithstanding the provision of

Subsection [177.6] 177.3 but subject to the limitation under the Subsection

[185.2] 184.2the importation of a copy of a work by an individual for his personal

purposes shall be permitted without the authorization of the author of, or other

owner of copyright in, the work under the following circumstances:

(a) When copies of the work are not available in the Philippines and:

(i) Not more than one (1)copy at one time is imported by strictly individual

use only; or

(ii) The importation is by authority of and for the use of the Philippine

Government; or

(iii) The importation, consisting of not more than three (3) such copies or

likenesses in any one invoice, is not for sale but for the use only of anyreligious, charitable, or educational society or institution duly incorporated

or registered, or is for the encouragement of the fine arts, or for any state

school, college, university, or free public library in the Philippines.


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(b) When such copies forms parts of libraries and personal baggage belonging to

persons or families arriving from foreign countries and are not intended for sale:

Provided, That such copies do not exceed three (3).

x x x

190.3. Subject to the approval of the Secretary of Finance, the Commissioner of

Customs is hereby empowered to make rules and regulations for preventing the

importation OR EXPORTATION OF INFRINGING ARTICLES OR of articles the

importation OR EXPORTATION of which is prohibited under this [Section] ACT

and under treaties and conventions to which the Philippines may be a party and

for seizing and condemning and disposing of the same in case they are

discovered after they have been imported OR BEFORE THEY ARE EXPORTED,

OR WHILE IN TRANSIT, THROUGH THE CUSTOMS TERRITORY OF THE

REPUBLIC OF THE PHILIPPINES.

SEC. 10. Section 191 is hereby amended by striking Subsections 172.1, 172.2 and

172.3, and in lieu thereof, substituting Subsections 172.l(a), (b) and (c), to read as follows:

SEC.191. Registration andDeposit with National Library and the Supreme

Court Library. - After the first publicdissemination of performance by authority of the

copyright owner of awork falling under Subsections [172.1, 172.2 and 172.31 172.l(a),

(b) and (c) of this Act, there shall, for the purpose of completing the records of the

National Library and the Supreme Court Library, within three (3) weeks, be registered

and deposited with it, by personaldelivery or by registered mail, two (2) complete copies

or reproductionsof the work in such form as the directors of said libraries mayprescribe.

A certificate of deposit shall be issued for which theprescribed fee shall be collected and

the copyright owner shall beexempt from making additional deposit of the works with the

National Library and the Supreme Court Library under other laws. If, within three (3)

weeks after receipt by the copyright owner of a writtendemand from the directors for

such deposit, the required copies orreproductions are not delivered and the fee is not

paid, the copyrightowner shall be liable to pay a fine equivalent to the required fee per

month of delay and to pay to the National Library and the Supreme Court Library the

amount of the retail price of the best edition of the work. Only the above mentioned

classes of work shall be accepted fordeposit by the National Library and the Supreme

Court Library. (Sec.26, P.D. No. 49a).

SEC. 11. Subsection 205.2 is hereby amended to read as follows:

205.2. The provisions of Sections 184, [and Section] 185, AND 190shall applymutatis mutandis to performers.

SEC. 12. Section 208 is amended by amending subsection 208.1 and adding a new

subsection 208.4 and to read as follows:


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SEC. 208. Scope of Right. - Subject to the provisions of Section 212,

producers of sound recordings shall enjoy the following exclusive rights:

208.1 The right to authorize the direct or indirect reproduction of their sound

recordings, in any manner or form, TEMPORARY OR PERMANENT, the

placing of these reproductions in the market and the right of rental or

lending.

x x x

208.4 THE RIGHT TO AUTHORIZE THE MAKING AVAILABLE TO THE PUBLIC

OF THEIR SOUND RECORDINGS IN SUCH A WAY THAT MEMBERS

OF THE PUBLIC MAY ACCESS THE SOUND RECORDING FROM A

PLACE AND TIME, INDIVIDUALLY CHOSEN OR SELECTED BY THEM,

AS WELL AS OTHER TRANSMISSIONS OF A SOUND RECORDING

WITH LIKE EFFECT.


SEC. 210. Limitation of Right. - Sections 184, [and] 185, AND 190 shall apply

mutatis mutandis to the producer of sound recordings. (See. 48, P.D. No. 49a).


SEC. 212. Limitations on Rights. - SUBJECT TO THE APPLICATION

MUTATISMUTANDIS OF SECTION 184.2 OF THIS ACT, Sections 203, 208 and 209

shall not apply where the acts referred to in those Sections are [related to] CARRIED

OUT IN CONNECTION WITH:

212. 1 The use by a natural person exclusively for his own personal purposes;

212.2 Using short excerpts for reporting current events;

212.3 Use solely for the purpose of teaching or for scientific research; and

212.4 Fair use of the broadcast subject to the condition under Section 185 (See. 44,

P.D. No. 49a).

SEC. 15. Section 216 of the same Act is hereby amended and renumbered to read as

follows:

SEC 216. INFRINGEMENT, WHAT CONSTITUTES. - [Remedies for

Infringement]. A PERSON INFRINGES A RIGHT PROTECTED UNDER THIS ACTWHEN HE OR SHE:

(a) DIRECTLY COMMITS AN INFRINGEMENT OR CAUSES AN INFRINGEMENT

TO BE COMMITTED:


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(b) BENEFITS FINANCIALLY FROM THE INFRINGING ACTIVITY OF ANOTHER

PERSON WHO COMMITS AN INFRINGEMENT IF THE PERSON BENEFITING

HAS THE RIGHT AND ABILITY TO CONTROL THE ACTMTIES OF THE OTHER

PERSON; OR

(c) ENABLES OR INDUCES INFRINGEMENT BY ANOTHER PERSON ENABLING

OR INDUCING THE INFRINGEMENT WHICH HE HAS OR REASONABLY

SHOULD HAVE KNOWLEDGE OF AND MATERIALLY CONTRIBUTES TO IT.

SEC. 16. Section 216.1 is hereby amended as follows:

SEC. 216.1 REMEDIES FOR INFRINGEMENT Any person infringing a right

protected under this law shall be liable:

x x x

(b) TO [P]pay to the copyright proprietor or his assigns or heirs such actual

damages, including legal costs and other expenses, as he may have incurred

due to the infringement as well as the profits the infringer may have made due to

such infringement, and in proving profits the plaintiff shall be required to prove

sales only and the defendant shall be required to prove every element of cost

which he claims, or,in lieu of actual damages and profits, such damages which

to the court shall appear to be just AND WHICH IT FINDS TO BE SUFFICIENT

TO FULLY COMPENSATE THE RIGHT HOLDER FOR THE INJURY HE HAS

SUFFERED, AND SUFFICIENT TO CONSTITUTE AS A DETERRENT TO

FURTHER INFRINGEMENTS, and shall not be regarded as penalty.

x x x

(f) THE COPYRIGHT OWNER MAY ELECT, AT ANY TIME BEFORE FINAL

JUDGMENT IS RENDERED, TO RECOVER AN AWARD OF STATUTORY

DAMAGES, INSTEAD OF ACTUAL DAMAGES AND PROFITS, FOR ALL

INFRINGEMENTS INVOLVED IN THE ACTION WITH RESPECT TO ANY ONE

WORK FOR WHICH AN INFRINGER IS LIABLE, AS THE COURT MAY

CONSIDER JUST. IN CASES WHERE THE COURT FINDS THAT THE

INFRINGEMENT WAS COMMITTED WILLFULLY, THE COURT, IN ITS

DISCRETION, MAY INCREASE THE AWARD OF STATUTORY DAMAGES.

SEC. 17. Subsection 216.2 is hereby amended by adding a proviso at the end of said

subsection, to read as follows:

216.2 In an infringement action, the court shall also have the power to order the

seizure and impounding of any article which may serve as evidence in the court

proceedings: PROVIDED, HOWEVER, THAT:


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(a) UPON APPLICATION OF THE HOLDER OF ANY RIGHT UNDER THIS ACT,

THE COURT MAY ORDER AS PROVISIONAL MEASURES, ANY OF THE

RELIEF IT IS AUTHORIZED TO AWARD UNDER THE PROVISIONS OF THIS

SECTION, EXCEPT FOR MONETARY DAMAGES, WITHOUT NOTICE TO THE

OTHER PARTY, WHEN THE COURT DEEMS IT NECESSARY TO PREVENT

AN INFRINGEMENT OF AN INTELLECTUAL PROPERTY RIGHT, OR TO

PRESERVE RELEVANT EVIDENCE OF ALLEGED INFRINGEMENT;

(b) SUCH RELIEF MAY INCLUDE, BUT IS NOT LIMITED TO, SEIZURE OR

IMPOUNDMENT OF INFRINGING COPIES OF EQUIPMENT WHICH CAN BE

USED TO MAKE INFRINGING COPIES OF BUSINESS RECORDS, AND OF

DOCUMENTARY EVIDENCE IN ANY FORM, INCLUDING ELECTRONIC

FORM;

(c) THE COURT MAY ORDER PROVISIONAL MEASURES WITHOUT NOTICE

TO THE OTHER PARTY WHEN IT DETERMINES THAT DELAY IS LIKELY TO

CAUSE IRREPARABLE HARM TO THE RIGHT HOLDER OR WHEN THERE IS

A DEMONSTRABLE RISK OF EVIDENCE BEING DESTROYED OR WHEN

THE COURT OTHERWISE DEEMS IT APPROPRIATE;

(d) THE COURT MAY CONDITION THE AVAILABILITY OF PROVISIONAL

MEASURES UNDER THIS SECTION UPON SUFFICIENT SQOWING, BASED

ON REASONABLY AVAILABLE EVIDENCE, THAT THE APPLICANTS RIGHTS

HAVE BEEN OR ARE ABOUT TO BE INFRINGED, AND UPON SUBMISSION

TO THE COURT OF A SUFFICIENT SECURITY TO PROTECT THE OTHER

PARTY AND TO PREVENT ABUSE;

(e) UPON REQUEST BY THE OTHER PARTY, THE PROVISIONAL MEASURES

SHALL CEASE TO HAVE EFFECT IF PROCEEDINGS LEADING TO DECISION

ON THE MERITS ARE NOT INITIATED BY OR ON BEHALF OF THE

APPLICANT WITHIN TWENTY (20) WORKING DAYS OR THIRTY-ONE (31)

CALENDAR DAYS, FROM THE DATE OF IMPOSITION OF THE

PROVISIONAL MEASURES, WHICHEVER IS LONGER, OR WITHIN SUCH

OTHER REASONABLE PERIOD AS THE COURT MAY DETERMINE; AND

(f) THE FOREGOING SHALL NOT PRECLUDE AN INDEPENDENT SUIT FOR

RELIEF BY THE INJURED PARTY BY WAY OF DAMAGES, INJUNCTION,ACCOUNTS, OR OTHERWISE.

SEC. 18. Subsections 217.3 (b) and (c) are hereby amended to read as follows:


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SEC. 217.3 Any person who, at the time when copyright subsists in a work, has

in his possession an article which he knows, or ought to know, to be infringing copy of

the work for the purpose of:

x x x

(b) Distributing, INCLUDING IMPORTING OR EXPORTING the article, for

purpose of trade or for any other purpose to an extent that will prejudice

the rights of the copyright owner in the work or

(c) [Trade exhibit of the article] EXHIBITING THE WORK in public, OR

OTHERWISE USING THE ARTICLE FOR TRADE OR BUSINESS, shall

be guilty of an offense and shall be liable on conviction to imprisonment

and fine as above mentioned. (See 29, P.D.No. 49a).

SEC. 19. Subsection 218.l(c) is hereby amended to read as follows:

SEC. 218. Affidavit Evidence - 218.1. In an action under this Chapter, an

affidavit made before a notary public by or on behalf of the owner of the copyright in any

work or other subject matter and stating that:

x x x

(c) The copy of the work or other subject matter annexed thereto is a true

copy thereof, shall be admitted in evidence in any proceedings [for an

offense] under this Chapter and shall be prima facieproof of the matters

therein stated until the contrary is proved, and the court before which

such affidavit is produced shall assume that the affidavit was made by or

on behalf of the owner of the copyright.

SEC. 20. There shall be two new sections to be added at the end of Section 220.2 to be

known as Section 220A and 220B, to read as follows:

SEC 220A. DISCLOSURE OF INFORMATION

220A.1. WHERE AN ARTICLE OR ITS PACKAGING OR AN IMPLEMENT FOR

MAKING IT IS SEIZED OR DETAINED UNDER THIS ACT, OR IS

REASONABLY SUSPECTED BY AN AUTHORIZED OFFICER TO BE IN

VIOLATION OF THIS ACT, THE AUTHORIZED OFFICER SHALL,

WHENEVER REASONABLY PRACTICABLE, NOTIFY THE OWNER OF THE

COPYRIGHT IN QUESTION OR HIS AUTHORIZED AGENT OF THE

SEIZURE OR DETENTION, AS THE CASE MAY BE.

220A.2.IN THE ABOVE-MENTIONED CIRCUMSTANCES, AN AUTHORIZED OFFICER

MAY DISCLOSE TO THE OWNER OF THE COPYRIGHT OR TO HIS

AUTHORIZED AGENT THE FOLLOWING:


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(A) THE TIME AND PLACE, OF SEIZURE OR DETENTION OF THE

ARTICLE;

(B) THE NAME AND ADDRESS OF THE PERSON FROM WHOM THE

ARTICLE HAS BEEN SEIZED OR DETAINED;

(C) THE NATURE AND QUANTITY OF ARTICLES SEIZED OR DETAINED;

(D) ANY STATEMENT MADE TO AN AUTHORIZED OFFICER BY THE

PERSON IN CONNECTION WITH THE SEIZURE OR DETENTION,

EITHER WITH THE PRIOR CONSENT IN WRITING OF THAT PERSON

OR WITHOUT SUCH CONSENT WHERE THE PERSON IS DEAD OR

CANNOT AFTER REASONABLE ENQUIRIES BY AN AUTHORIZED

OFFICER AS TO HIS WHERE-ABOUTS BE FOUND; AND

(E) ANY OTHER INFORMATION OR DOCUMENT RELATING TO THE

ARTICLE SEIZED OR DETAINED WHICH AN AUTHORIZED OFFICER

DEEMS FIT TO DISCLOSE.

220A.3. THE OWNER OF THE COPYRIGHT OR HIS AUTHORIZED AGENT SEEKING

DISCLOSURE OF ANY INFORMATION OR DOCUMENT THAT IS NOT

REFERRED TO IN THE PREVIOUS PARAGRAPH OR THAT IS NOT

DISCLOSED BY THE AUTHORIZED OFFICER MAY APPLY TO THE COURT

FOR AN ORDER REQUIRING THE AUTHORIZED OFFICER TO DISCLOSE

SUCH INFORMATION OR DOCUMENT AND THE COURT MAY ON SUCH

AN APPLICATION MAKE SUCH ORDER FOR DISCLOSURE AS IT THINKS

FIT.

SEC 220B ACCEPTANCE OF PROPORTIONAL EXAMINATION OF ARTICLES

SEIZED.

220B.1.WHERE PACKAGES, RECEPTACLES OR CONTAINERS CONTAINING

COPIES OR IMPLEMENTS SUSPECTED OF VIOLATING THIS ACT ARE

SEIZED OR DETAINED, IT SHALL BE SUFFICIENT ONLY TO OPEN AND

EXAMINE THREE PERCENT (3%) OR ANY TEN (10) COPIES, WHICHEVER

IS HIGHER, OF THE CONTENTS OF EACH PACKAGE, RECEPTACLE OR

CONTAINER SEIZED.

220B.2.WHERE PROCEDURES WERE CARRIED OUT IN ACCORDANCE WITH THE

PREVIOUS PARAGRAPH, THE COURT SHALL PRESUME THAT THE

REMAINING COPIES CONTAINED IN THE PACKAGE OR RECEPTACLE ARE

OF THE SAME NATURE AS THOSE COPIES EXAMINED.


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SEC. 21. Chapter XVIII is hereby amended by adding a new Section at the end thereof

to be known as Section 224A. to read as follows:

SECTION 224A, PROTECTION OF EXISTING SUBJECT MATTER:

(224A11.) THE PROTECTION PROVIDED UNDER PART IV OF THIS ACT SHALL

ALSO APPLY TO WORKS, SOUND RECORDINGS AND PERFORMANCES

FIXED IN SOUND RECORDINGS IN EXISTENCE UPON THE

EFFECTIVITY OF THIS ACT, AND WHICH ARE THE SUBJECT OF

INTERNATIONAL CONVENTIONS, TREATIES, OR AGREEMENTS TO

WHICH THE PHILIPPINES IS A PARTY, PROVIDED, HOWEVER,THAT ON

SUCH DATE, THE WORK, SOUND RECORDING, OR PERFORMANCE

FIXED IN A SOUND RECORDING HAS NOT YET FALLEN INTO THE

PUBLIC DOMAIN IN ITS COUNTRY OF ORIGIN OR IN THE PHIIPPINES

THROUGH THE EXPIRY OF THE TERM OF PROTECTION WHICH WAS

PREVIOUSLY GRANTED.

(224A.2.) COPIES OF WORKS, SOUND RECORDINGS AND PERFORMANCES

FIXED IN SOUND RECORDINGS THAT ARE NEWLY PROTECTED

SOLELY ASA RESULT OF THE APPLICATION OF THIS SECTION WHICH

ARE IN EXISTENCE UPON THE EFFECTIVITY OF THIS ACT , MAY BE

SOLD OR OTHERWISE DISPOSED OF BY THE OWNER OF SUCH COPY

UNTIL THE EXPIRATION OF THREE (3) MONTHS FROM THE DATE OF

EFFECTIVITY OF THIS ACT.

(224A.3.) NO OTHER EXERCISE OF EXCLUSIVE RIGHTS UNDER THIS ACT WITH

RESPECT TO SUCH WORK, SOUND RECORDING, OR PERFORMANCE

FIXED IN A SOUND RECORDING SHALL BE PERMITTED WITHOUT THE

CONSENT OF THE AUTHOR OR OTHER RIGHTHOLDER OF SAID

WORK, SOUND RECORDING, OR PERFORMANCE FIXED IN A SOUND

RECORDING.

SEC. 22. Part IV is hereby amended by adding a new Chapter at the end thereof to be

known as Chapter XXI, to read as follows:

CHAPTER XXI. TECHNOLOGICAL PROTECTION MEASURES AND RIGHTSMANAGEMENT INFORMATION

SECTION 229A TECHNOLOGICAL PROTECTION MEASURES


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229A.1. ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE GUILTY

OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS PROVIDED IN

SECTION 217.1(B) OF THIS ACT FOR THE FIRST OFFENSE, AND TO THE

SAME EXTENT AS PROVIDED IN SECTION 217.1(C) FOR THE SECOND

OR SUBSEQUENT OFFENSE, AND SHALL ALSO BE LIABLE UPON THE

SUIT OF ANY INJURED PARTY, TO A RELIEF, INCLUDING BUT NOT

LIMITED TO, DAMAGES, INJUNCTION, IMPOUNDMENT, AND

DESTRUCTION. THE REMEDIES PROVIDED IN SECTION 216 SHALL

APPLY, MUTATISMUTANDIS,TO VIOLATIONS OF THIS SECTION:

(a) KNOWINGLY, OR HAVING REASONABLE GROUNDS TO KNOW,

CIRCUMWZNTS WITHOUT AUTHORITY ANY EFFECTIVE

TECHNOLOGICAL MEASURE; OR

(b) MANUFACTURES, IMPORTS, EXPORTS, DISTRIBUTES, OFFERS TO

THE PUBLIC, PROVIDES, OR OTHERWISE TRAFFICS IN DEVICES,

PRODUCTS OR COMPONENTS OR OFFERS TO THE PUBLIC OR

PROVIDES SERVICES:

(i) THAT ARE PROMOTED, ADVERTISED OR MARKETED FOR

THE PURPOSE OF CIRCUMVENTION OF ANY EFFECTIVE

TECHNOLOGICAL MEASURE; OR

(ii) THAT HAVE ONLY A LIMITED COMMERCIALLY SIGNIFICANT

PURPOSE OR USE OTHER THAN TO CIRCUMVENT ANY

EFFECTIVE TECHNOLOGICAL MEASURE: OR

(iii) THAT ARE PRIMARILY DESIGNED, PRODUCED, ADAPTED OR

PERFORMEDFOR THE PURPOSE OF ENABLING OR

FACILITATING THE CIRCUMVENTION OF ANY EFFECTIVE

TECHNOLOGICAL MEASURE.

229A.2.THIS SECTION PROHIBITS CIRCUMVENTION OF TECHNOLOGICAL

MEASURES, AND DOES NOT REQUIRE AN AFFIRMATIVE RESPONSE TO

SUCH MEASURES. THIS SECTION DOES NOT REQUIRE THAT THE DESIGN

OF, OR THE DESIGN AND SELECTION OF PARTS AND COMPONENTS FOR

A CONSUMER ELECTRONICS, TELECOMMUNICATIONS OR COMPUTINGPRODUCT PROVIDE FOR A RESPONSE TO ANY PARTICULAR

TECHNOLOGICAL MEASURE. THIS PARAGRAPH DOES NOT PROVIDE A

DEFENSE TO A CLAIM OF VIOLATION OF PARAGRAPH (1)(B).


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229A.3. A VIOLATION OF THIS SECTION IS INDEPENDENT OF ANY

INFRINGEMENT THAT MIGHT OCCUR UNDER THIS ACT.

SECTION 229B INTEGRITY OF RIGHTS MANAGEMENT INFORMATION

ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE GUILTY

OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS PROVIDED IN SECTION

217.1 OF THIS ACT, AND SHALL ALSO BE LIABLE UPON THE SUIT OF ANY

INJURED PARTY, TO RELIEF BY WAY OF DAMAGES, INJUNCTION,

IMPOUNDMENT, DESTRUCTION OR OTHERWISE, AND THE REMEDIES

PROVIDED IN SECTION 216 SHALL APPLY, MUTATISMUTANDIS,TO VIOLATIONS

OF THIS SECTION

(a) KNOWINGLY AND WITHOUT AUTHORITY REMOVES OR ALTERS ANY

ELECTRONIC RIGHTS MANAGEMENT INFORMATION FROM A COPY OF A

WORK, SOUND RECORDING, OR FIXATION OF A PERFORMANCE, OR

KNOWINGLY AND WITHOUT AUTHORITY DISTRIBUTES, IMPORTS FOR

DISTRIBUTION, BROADCASTS, COMMUNICATES OR MAKES AVAILABLE

TO THE PUBLIC COPIES OF WORKS, SOUND RECORDINGS, OR

FIXATIONS OF PERFORM-ANCES FROM WHICH ELECTRONIC RIGHTS

MANAGEMENT INFORMATION HAS BEEN REMOVED; OR

(b) ALTERS ELECTRONIC RIGHTS MANAGEMENT INFORMATION WITHOUT

AUTHORITY, KNOWING OR (WITH RESPECT TO CIVIL REMEDIES) HAVING

REASONABLE GROUNDS TO KNOW THAT SUCH ACTIVITY WILL ENABLE

OR FACILITATE AN INFRINGEMENT OF ANY RIGHT PROTECTED UNDER

THIS LAW.

SEC. 23.All laws, decrees, executive orders, issuances or regulations inconsistent with

the provisions of this Act are hereby revised or amended accordingly

SEC. 24. If any part of this law is declared unconstitutional or invalid, such parts or

provisions thereof not so declared shall remain valid and subsisting.

SEC. 25. This Act shall take effect fifteen (15) days from publication in two (2)

newspapers of general circulation in the country.

Approved,

Bill on Phil Accession to Internet Treaties

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